State v. Torgerson

Supreme Court of Minnesota

State v. Torgerson

453 N.W.2d 698, 1990 Minn. LEXIS 103, 1990 WL 38004

CourtSupreme Court of Minnesota

DecidedApril 6, 1990

DocketC2-89-805

StatusPublished

Cited by4 cases

This text of 453 N.W.2d 698 (State v. Torgerson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Torgerson, 453 N.W.2d 698, 1990 Minn. LEXIS 103, 1990 WL 38004 (Mich. 1990).

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Opinions

KEITH, Justice.

We granted the state’s petition for review in this case while the consolidated appeals were pending in State v. Piotrowski, 453 N.W.2d 689 (Minn., filed herewith). On the basis of our opinion deciding those appeals, we now reverse the decision of the court of appeals.

Defendant was involved in a one-car rollover near Dilworth, Minnesota. Officer Hendrickson of the Moorhead Police Department, who was dispatched to the scene, found the driver, defendant, being treated [699]*699by ambulance personnel, who took defendant to a hospital in nearby Fargo, North Dakota. Officer Hendrickson noticed signs of intoxication while talking with defendant in the hospital. After administering some sobriety tests, the officer arrested defendant for DWI in violation of Minn.Stat. § 169.121 (1988). Defendant then submitted to a blood alcohol test. In the subsequent prosecution of defendant in Minnesota, the trial court suppressed the test results, relying on the court of appeals’ decisions in the Piotrowski cases.

Consistent with our decision in the Pio-trowski cases, filed herewith, we reverse the decision of the court of appeals affirming the trial court’s suppression order.

Reversed and remanded for trial.

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KEITH, Justice.

We granted the state’s petition for review in this case while the consolidated appeals were pending in State v. Piotrowski, 453 N.W.2d 689 (Minn., filed herewith). On the basis of our opinion deciding those appeals, we now reverse the decision of the court of appeals.

Defendant was involved in a one-car rollover near Dilworth, Minnesota. Officer Hendrickson of the Moorhead Police Department, who was dispatched to the scene, found the driver, defendant, being treated [699]*699by ambulance personnel, who took defendant to a hospital in nearby Fargo, North Dakota. Officer Hendrickson noticed signs of intoxication while talking with defendant in the hospital. After administering some sobriety tests, the officer arrested defendant for DWI in violation of Minn.Stat. § 169.121 (1988). Defendant then submitted to a blood alcohol test. In the subsequent prosecution of defendant in Minnesota, the trial court suppressed the test results, relying on the court of appeals’ decisions in the Piotrowski cases.

Consistent with our decision in the Pio-trowski cases, filed herewith, we reverse the decision of the court of appeals affirming the trial court’s suppression order.

Reversed and remanded for trial.

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Bluebook (online)

453 N.W.2d 698, 1990 Minn. LEXIS 103, 1990 WL 38004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-torgerson-minn-1990.

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